The other driver's insurer says we were equally at fault (50/50). In Pennsylvania, can I still be paid?

Car insuranceDeniedPennsylvaniaChecked Nov 7, 2026

From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-07 · Source: Pennsylvania General Assembly · 42 Pa.C.S. § 7102 · Comparative negligence (a) General rule View original ↗

In short

In PA, shared fault does not end your claim.
Your pay is cut by your own share of fault.
A lawsuit must be filed within two years.

What this means

In Pennsylvania, your own share of fault does not block a claim for damages if it was not greater than the other driver's share [1]. But what you get is cut in proportion to your share of fault [1]. So an even split does not bar you, but your damages would be reduced by your half.

The Pennsylvania rule above is written for court actions for damages [1]. A lawsuit for injury to a person, or for damage to property, generally must be filed within two years [2].

These sources are from Pennsylvania, and rules in your state may differ.

Your next step

Ask the other insurer how it split fault and what it relied on. Keep the police report, photos, and any written statements. Note the two-year limit to file a lawsuit in Pennsylvania [2].

Check it yourself

Read the Pennsylvania rule in source [1]. Whether your own collision coverage can pay first is not in these sources — "Don't know yet". Read your own policy. These sources are from Pennsylvania only, and rules in your state may differ. Ask your state insurance department or a lawyer.

Where this comes from (2)

[1] Pennsylvania General Assembly · 42 Pa.C.S. § 7102 · Comparative negligence (a) General rule · checked 2026-11-07
In all actions brought to recover damages for negligence resulting in death or injury to person or property, the fact that the plaintiff may have been guilty of contributory negligence shall not bar a recovery by the plaintiff or his legal representative where such negligence was not greater than the causal negligence of the defendant or defendants against whom recovery is sought, but any damages sustained by the pla…
[2] Pennsylvania General Assembly · 42 Pa.C.S. § 5524 · Two year limitation · checked 2026-11-07
The following actions and proceedings must be commenced within two years: … An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another. … An action for taking, detaining or injuring personal property, including actions for specific recovery thereof.

How we found this

We matched your question to 2 official sources, quoted the exact lines, and re-checked each quote against its source on 2026-11-07.

What we don’t know yet

Your own plan or notice may say something different. If your letter cites another rule, send it and we will look again.

Every answer is checked against the official rule it quotes.

Information only — not legal advice. Your plan, insurer or agency decides.

This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.

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